Houston Car Accident Lawyer Blog

If you have been involved in an automobile or 18-wheeler accident in Texas then you may have a number of questions you need answered relating to responsibility and compensation.

If I and/or my family were victims in an automobile accident then will I be required to use my own insurance to pay for medical and/or property damage expenses?

Hopefully not, if the other driver has insurance is ticketed by the police for that would demonstrate he or she may have been negligent in causing the accident then his or her insurance company should be responsible cover the reasonable cost of medical expenses and car repairs.

Sometimes however, in Texas, insurance companies are now extremely aggressive and often deny legitimate claims and force litigation in part because of the rights stripped from Texas families with "tort reform".

In other situations some large well known insurers take such outrageous positions that an innocent victim can not settle his or her own clear liability claim and they are made to either accept an outrageous lowball insurance company settlement offer or hire a personal injury lawyer.

The real adverse consequences to Texas tort reform has been that insurers now routinely force families to file lawsuits on clear liability claims, which is an injustice to the victims and also to the negligent person who now gets sued because his or her insurer required a lawsuit to be fair on the claim. Some insurers use "employee" attorneys to keep their costs down and profits high and many take steps to make sure that the litigation is a costly to bring as possible to the injured victim. Often hiring bogus medical professionals to run up the lawsuit cost to the innocent victim.

There are now a number of frivolous claims in lawsuits in Texas and the vast majority of them are frivolous defenses by the insurance companies in litigation only because of their unfair and bad faith claims handling practices that forced into court a matter that should have been settled.

Other states have taken some of the well know insurers (who reap huge profits in Texas) to court and have not only reduced the outrageous premiums sought but required changes in their claims handling practices- to protect their states families.

Unfortunately, for Texas families, in Texas it does not appear that anyone is trying anything to protect our families from the insurance company abuses we now see in Texas every day.

Spinal cord injury can be devastating to the victims of an automobile or semi truck accident -partly because the spinal cord is involved in almost every movement we make and the main conductor of our nerve system. The recovery from a spinal cord injury can vary greatly depending on the severity of the injury.

Statistics indicate that, approximately 44% of spinal cord injuries in the United States are from motor vehicle accidents. In children the numbers go up. Recent information indicates that nearly 70% of spinal cord injuries in children up to age 19 can be credited to car wrecks. The highest risk percentage of this population is young boys.

In a car or 18 wheeler accident there are a number of things that can occur within the vehicle itself, which can cause spinal cord injury - principally in the case of a rollover.

These situations consist of such things as the roof collapsing in on the driver and/or passenger (known to personal injury lawyers as "roof crush"), the seat back collapsing in on passengers, and even the failure of a seat belt to properly hold the passenger in place.

When the vehicles design itself is a part of the cause of a serious spinal cord injury personal injury attorneys will investigate the potential for a product design defect case against the maker of the vehicle.

Paraplegia and quadriplegia are the terms for paralysis. Both are devastating and include a loss of motor function, both will require and extensive and ongoing rehabilitation and expensive medical care. Often the cost of treating a spinal cord injury can run into the hundreds of thousands of dollars.

Spine injuries can also include bulging or herniated discs, which are often referred to as "ruptured discs", or a "blown disc".

Bulging discs can sometimes happen when one of the spinal cord bones shifts out of its normal position by a sudden impact like a car accident. Symptoms of a disc injury vary and include such things as chronic back or neck pain and also tingling or radiating pain in the arms or legs.

A herniated disc is more serious medical condition than a bulging disc and may require surgery costing in the high five figures.

Another of our federal organizations devoted to improving driving safety is the National Highway Transportation Safety Administration. One of the charges of the NHTSA is to be on guard for vehicle defects.

One of their responsibilities is to conduct ongoing investigations that may result in the vehicle recalls and/or required repairs to cars, trucks and SUVs to ensure driver and passenger safety.

Thanks to their efforts the following recent recalls have been made.
*Newer Dodge Ram models are being recalled to address the need for repairs to the hydraulic power steering fluid system.

*In addition, the calipers on the brake system of the Hyundai Kia have been alledged to be defective in some models and may result in leaking brake fluid.

*Too, the power train axle assembly of the Arvinmeritor has potential problems that may lead to the separation of the wheel - and result in a crash. Yet another recall is that of certain refrigerator trucks.

*The sensing algorithm that detects hydrogen leaks may not engage in time to prevent a fire.

There are more recalls that I will not bother to relate - however, the reader should know that all of these recalls have occurred since the month of December began - and most of them are defects on cars that have recently rolled off the production line - and that's unsettling for those who trust that our new vehicle purchases are equipped with the latest safety technology.

Anyone can keep track of vehicle recalls. Visit the site listed below.

Continue reading "NHTSA Investigates Accidents to Keep Cars Safe" »

Many times the federal government makes a decision that has a trickle-down effect - impacting each one of us in a variety of ways but most often our wallets. Such is the case with the recent October decision to impose greenhouse gas and fuel efficiency standards for trucks and buses.

Although you will find a link to their website at the end of this blog - and I wholly encourage you to visit it and read the entire article - let us offer some of the highlights of this legislation.

* These are the first national standards to reduce greenhouse gas (GHG) emissions and improve fuel efficiency of heavy-duty trucks and buses.

*The program is expected to reduce emissions by nearly 250 million metric tons and save 500 million barrels of oil.

*New fuel efficiency standards for trucks will reduce the cost of transporting freight.

* it is estimated an operator of a semi truck could pay for the technology upgrades in under a year, and save as much as $74,000 over the truck's useful life.

If all of the above information is factual and bears out in the years to come then one could expect that the cost associated with transporting goods around the country will, in fact, decrease and these savings will be passed on to the consumer, right?

Oh well, barring that at least we can celebrate the fact that gains are being made on the environmental front. Certainly we are all glad to know that these regulations will improve air quality and reduce green house gas emissions.

Continue reading "New Fuel Efficiency Standards for Trucks" »

Six years ago Texas had very sweeping "tort reform" that included not only medical malpractice damage limits but also radically reshaped the legal landscape for Texas families.

The result for Texas consumers was a disaster. The winners big insurance companies -the losers Texas families.

Although Texans are forced to buy car insurance and premiums have risen at a record pace since tort reform- good luck if you are an innocent victim in a car accident in Texas.

Tort reform has given the green light to insurance companies to hardball Texas families and has led to forced litigation in smaller cases like car accidents.

In other words the insurance companies offers are so low (many times less than medical expenses) that Texas families have little choice but to retain a lawyer and go through expensive litigation - a strategy designed by the insurance companies to discourage legitimate claims by Texas consumers.

Texans were promised their insurance rates would drop with tort reform. That was not true.

Texans were promised that they would benefit from tort reform, Texas families have not.

Now as a result of "tort reform" in Texas insurers mount frivolous defenses in small cases forcing what should be unnecessary litigation to deter claims.

Victims have to incur the costs of litigation when they have done nothing wrong because Texas has no accountability for bad faith and brutal claims handling practices- in short "tort reform" has promoted groundless defenses by insurance companies and made litigation necessary- for any kind of fairness.

Texas has become a "honey hole" for insurance company excessive profits on the backs of Texas families.

Not only do wrongdoers escape accountability under the Texas tort reform plan but
Texas tort reform has allowed insurance companies to abuse the system and force litigation with groundless defenses.

Many families find themselves in the position where they can't deal with an insurance company fairly and they can't find a lawyer to take smaller cases even though they did nothing wrong and suffered at the hands of a wrongdoer.

It is unfortunate that politics served in this case to hurt Texas families while benefiting wrongdoers and insurance companies reaping excessive profits on the backs of Texas families.

In other states, claims handling practices are closely monitored by the state. In Texas we protect the insurance industry and not the Texas family. It is time that the Texas family came first and wrongdoers and insurance lobbyists come in second.

Recently a father on his way to work was broadsided by an automobile. The impact sent his truck tumbling and when it came to a stop he was dead.

Accident reconstructionists found no skid marks at the scene which led them to conclude that the driver of the car did not even see the truck before hitting it...most likely because she was distracted. This type of auto accident happens every day in Texas.

Distracted driving is quickly becoming the national focus of local, state and government organizations as well as people of influence - including well known celebrities.

In order to drive home the fact that people who are being killed in distracted driving accidents are our mothers and fathers, brothers and sisters, family members and friends - the United States Department of Transportation has developed a video entitled 'The Faces of Distracted Driving'. In it, family members share the pain and tragic stories behind what many only see as the statistics of the death and devastation that accompanies a distracted driving accident.

The video is a series of segments in which family members are friends are encouraged to share their losses with verbal frankness. It is difficult to look away - and haunting for those who give little thought to their own behavior behind the wheel.

An accident can be an unfortunate mishap - but distracted driving is not an accident - it is clear negligence instead.

Continue reading "Distracted Driving and the DOT" »

Unfortunately, there is plenty of reason to devote a blog entry to drunken driving because drunk driving accidents happen daily in the greater Houston area and beyond. Some of the more haunting stories remained in the news for months.

Consider the following news items reported.

Perhaps the most horrific tale of drunken driving in recent years involved a mother who was driving her children and 3 nieces home from a camping trip. She wound up driving the wrong way on a New York highway and struck a vehicle coming in the other direction. The three men in the vehicle she struck were all killed.

In addition, her three nieces were killed and her daughter as well as herself. In all eight people died. A post mortem blood test revealed she was legally drunk and had smoked pot as well. How and why she made the choice to drink, get high and drive is absolutely unfathomable. In the case of this accident I believe there is no word yet devised to accurately portray the emotional devastation left in its wake.

In another state a middle aged woman - apparently dissatisfied with her life turned to the bottle for solace - no law against that. But after downing several fifths of vodka she found her liquor cabinet empty and went out for a refill. She can't remember much of what happened - but the police later told her that she lost control of her car at a high rate of speed and literally landed on another vehicle carrying four teens. All were killed - instantly.

The woman's in jail...and she's no longer drinking.

Continue reading "Drunk Driving is no Joke" »

One of the most important but under looked safety features on your car or your tires. It is critically important that you care for them to keep your family safe.

There are several issues that you should be aware of regarding the care of your tires. The first is proper inflation. If you're tires are overinflated or underinflated it can not only affect the life of the tires but also can lead to tire failure.

Another factor that is often overlooked is the age of the tire. Most manufacturers now recommend at most a six-year life of a tire. Where people get in trouble on the age of tires is either when a car has not been used much or when the tire was a spare tire. They may look like they have plenty of tread but with older tires the rubber does not hold together and the results can be disastrous.

There are is a simple way to check the age of any tire that you are unsure. A DOT number is located on the outside wall of the tire. The last four digits will be numbers and the first two numbers are the week the tires made in the last two are the year-so 5107 means made in the 51st week of 2007.

Check the tire for recommended pressure and maintain it at that level also check the age of the tire to avoid tire failure and keep yourself and your family safe.

Continue reading " Tire Care Tips" »

If you've ever been in a position to rent a car it's probably because you're having problems with your own vehicle or in other circumstances that require the extra financial burden of taking on the cost of yet another vehicle.

You're probably too harried and frustrated to even consider that there have been mechanical problems with rental cars that can be as problematic as that you are enduring with the car or truck you own.

A recent expose by a national newspaper uncovered the fact that the number of problems with rental cars has been found to be not insignificant - and some have even been deadly.

One of the worst incidences of rental car mechanical problems occurred when two sisters rented a subcompact from a rental car company that had failed to attend to a safety recall on the vehicle the girls leased for the weekend. The car subsequently suffered a mechanical failure that caused the girls to lose control of the car. They were killed instantly in a head-on collision when their vehicle crossed the median into oncoming traffic.

There are countless other examples - some not so serious - of car rental problems that have resulted in the compilation of a list of suggestions for all persons to refer to when renting a car.

These include ensuring that your own insurance company and/or credit cards cover the damage that may incur in the use of the rental car, carefully inspecting the car for damages before driving it off the lot of the car rental company and when returning it - and, although this may seem extreme - even taking pictures of the car so there is no question about its condition. And as always, drive safely.

Continue reading "Rental Car Woes" »

Although motorcycle enthusiasts will not want to read this - there is overwhelming proof that this pursuit is one of the most deadly pastimes on the road and your station in life does not guarantee you a pass in the fatality department.

Just several days ago on a middle of the night ride a motorcyclist and his passenger were hit by a truck. The driver of the bike was killed instantly and his wife died en route to the hospital. Neither cyclist was wearing a helmet (although even helmets don't guarantee against permanent and debilitating injuries in the case of a motorcycle accident). The two persons in the truck were listed in stable condition - probably hospitalized more for the emotional and psychological trauma of the situation than any physical injury.

On the same night in a different town a former Astros player was also killed in a motorcycle - just punctuating the fact that no one is immune to finding themselves on the receiving end of a deadly motorcycle crash.

In a recent year approximately four thousand people died in motorcycle accidents and another fifty thousand sustained varying degrees of injuries. Moreover, one site states that nearly three fourths of those riding motorcycles that are in an accident will die as a result of their injuries.

The reason for this can be traced back to lax helmet laws and inexperienced drivers. Remember, any safety cautions you practice in driving an automobile or truck are equally as important when driving a motorcycle. Adhere to all traffic laws and don't speed, tailgate, drink and drive or otherwise handle your 'chopper' with a disregard for life and limb.

Too quickly a great evening out can turn into an evening of no return.

Continue reading "Houston Motorcycle Accidents" »

There are any number of distractions that divide the attention of drivers when they are behind the wheel of their car (or other type of motor vehicle) but texting (either reading or writing them or otherwise accessing your email and or using the internet) while driving is the singular most dangerous activity in which one can engage outside of drinking and driving and ranks as the highest form of driver distraction. Some studies find that it is even more dangerous than driving while intoxicated.

A series of highly publicized fatality accidents have been attributed to this activity - not all of them in automobiles. The most infamous example was the Chatsworth train collision in which 25 people lost their lives. It was later alledged that the train conductor was distracted and texting at the time of the crash.

A similar rail accident occurred in Boston only months later in nearly identical circumstances - and which has prompted legislation forbidding public officials from using their cell phones for texting (and other personal reasons) while on the job - including police and fire alike.

More recently, a plastic surgeon to the movie stars was thought to have been texting when he lost control of his car and went over the side of a mountain in southern California.

Technology enriches our lives in many ways. People in general and families in particular have come to rely on cell phones and texting to stay in touch - but with up to four thousand deaths in the last few years being directly attributed to 'texting' - the real message is don't drive and text!

Continue reading "Don't Text While Driving" »

If you have been involved in an automobile or semi truck accident then you (no doubt) have a number of questions you need answered relating to accountability and compensation. Here are some common questions in see in my Texas personal injury practice.

If I and/or my family were victims in an automobile accident then will I be required to use my own insurance to pay for property damage expenses?

Not usually, if the other driver is cited for any number of reasons that would demonstrate he or she was negligent in causing the car accident then his or her insurance company may choose to pay for the car repairs, and rental car while yours is getting fixed.

If the accident is minor and everyone agrees that they suffered no injuries (beyond a little shaking up) then should we seek medical attention?

After an accident I always recommend that everyone involved seek medical attention if they have any reason to believe they were injured. The reason for this is that often enough there are symptoms to physical problems that will develop hours, days and sometimes weeks after the initial accident related to the collision that may not manifest initially.

If so, then this will need to be declared in order for the negligent party's insurance company to pay the costs for medical treatment of the malady. The other persons insurance company will use any excuse it can to try to deny or reduce your claim.

In a Houston car accident some months ago a woman was in a fender bender with another car, they exchanged information and she sought no medical treatment until a day later she had a terrible headache, she went to the hospital and never left it- dying some 10 days later! If you have any reason to feel you may have been hurt- be safe get it checked.

Will the insurance company for the other driver pay for my medical expenses up front?
No- the insurance company for the other driver will not normally pay up front for your reasonable medical expenses- they may as part of a settlement reimburse you for medical bills you have paid or incurred.

Whether I am the negligent party or the injured party - is it necessary to retain the services of an attorney?

There is any number of reasons to seek legal counsel after an automobile or truck accident. Often legal issues may arise that the insurance company wants to record in a taped statement- it is best to speak with a Texas personal injury lawyer before giving a statement about a Texas car accident.

A study by NHTSA regarding motorcycle accidents provided the following insight into injury causation and preventability of motorcycle crashes.

The single largest factor in motorcycle accidents is that the automobile driver fails to detect or see the motorcycle in traffic. The lack of awareness that a motorcycle driver is even there combined with a lack of caution and awareness by the automobile driver is the leading cause of motorcycle accidents.

Without a doubt, injury severity goes up radically with increased speed. The higher the speed at which a motorcycle crashes the much greater potential for serious injury or wrongful death.

The lack of helmets accounts for the most severe injuries that are preventable. In Texas we have no mandatory helmet use by motorcycle riders.

The motorcycle safety training appears to provide effective ways to reduce the number of severe motorcycle accidents. The more training a motorcycle rider has the less likely he or she will be involved in an accident. The use of a helmet would further reduce the severe head injuries associated with many motorcycle accidents.

Continue reading "Motorcycle Accidents - A NHTSA Study" »

Studies have shown that texting may be more of a danger to the motoring public than drunk drivers. The reason is that both situations can turn ugly in a hurry. However with texting and the explosion of the mobile communication devices more and more people are using cell phones while driving for e-mail, MMS, and the sheer numbers are astounding.

Given the growth of mobile communication devices and the tendency of technology communications to the instantaneous , we have become a "connected" society. While that is good in many aspects it is disastrous when driving.

That is not to say that drunk driving accidents are not a radical and dangerous problem in Texas -they are. The point is that there are many more people texting, e-mailing and not paying attention to the road then there are intoxicated drivers. Which leads to a conclusion that texting may be ultimately more dangerous to society than drinking when driving.

We have laws protecting us from drivers who have consumed too much alcohol and those laws tend to be fairly strict. However when it comes to distracted driving we are much less regulated and it has become a huge problem.

America needs a national standard for mobile communication devices to protect Americans. The hodgepodge of laws in different cities and different states makes it very difficult to enforce the statutes and educate the public on what conduct is acceptable and what is not.

Please support distracted driving legislation based on a uniform national standard.

Continue reading "Which is More Dangerous Texting or Drinking" »

As we all know in Houston, rain can come in buckets and at any time. For most Houstonians driving on wet streets is uneventful and the safety tips can help keep it that way.

The national safety Council issues the following recommendation for driving in the rain:

Drive carefully and drive slowly, particularly when approaching a turn.

In the event of the skid, lightly pump the brakes-avoid slamming on the brakes.

Proper tire inflation is very important-check your tire pressure.

Make sure your tires have adequate tread and replace worn tires promptly.

Try and drive on the high side of the roadway and avoid driving in puddles.

Continue reading "Driving on Wet Roads" »

As the holidays approach, the incidence of Houston is drunk driving accidents and DWI arrests increases significantly.

Maybe it is the Christmas parties that many companies or offices have each year. Maybe it is the spirit of the holidays, but many associate the holiday season with parties. The Houston area has led the nation in fatal drunk driving accidents and recently has taken steps to combat the statistics.

Through a grant, Houston now has "no refusal" weekends where suspected drunken drivers can be compelled to give blood if they refuse a breathalyzer test. Such program started about six weeks ago and will continue into next year.

Drinking and driving is one of the most deadly activities in which one can engage - a fact that I share often with friends- along with a litany of statistics to support this claim. Somewhere in the vicinity of 14 - 18,000 people are slaughtered (for lack of a better word) in DWI accidents.
One thing that all of us can do at Christmas parties is to make sure that someone who is drinking does not drive home. Give a friend a ride, call a cab, take their keys but don't let a friend drive home drunk.

Continue reading "Hollidays and Drunk Driving Accidents" »